Sample/practice exam 2018, questions and answers PDF

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SEMESTER II EXAMINATIONS – 2017/18

LAW 37510 Sports Law Dr Una Woods Professor Joseph McMahon Mr Paul Ward* Ms Louise J. Reilly Dr Rebecca Schmidt Time Allowed: 2 (TWO) Hours

Instructions for Candidates Answer 3 (Three) Questions from one of the 4 (Four) Parts. Only 1 (One) question may be attempted from each Part. Students should use a separate answer book for each question. Clearly mark on the cover of the Answer book which question you are attempting. Instructions for Invigilators Please provide candidates with 3 (Three) Separate Answer books

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Part A Question 1. Discrimination based on race, gender, religion, disability or sexual orientation is unfortunately a common phenomenon in society. The sports sector is no exception. List and describe three mechanisms by which the sports sector complements legal efforts to combat discrimination. What do you think could still be improved? Question 2. In a car accident that took place in 2008 Charlize lost the lower part of her right leg (below the knee). She was 10 at that time. She was a given prosthetic lower leg and soon after began a rehabilitation process. At a later stage she started to take up sports again. She was particularly excelling in long jump reaching similar results as nondisabled athletes. In 2016 Charlize participated in the Rio Olympics as a Paralympic athlete using prosthetic titanium lower leg. She won a gold medal in her category. In the 2020 Tokyo Olympics Charlize would like to participate in the Olympic Games (not the Paralympic Games). To do so she would need to attend competitions organized by the International Association of Athletics Federations (IAAF) to qualify. You are clerking in a law firm which has specialized on fighting discrimination of people with disabilities. Your supervisor asks you to look into Charlize’s case and answer three questions in particular: - What is the current legal situation? Can Charlize start in competitions for athletes without disabilities? - Is the UN Convention on the Rights of Persons with Disabilities applicable? - In case Charlize is denied participation by the IAAF what are her legal options?

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Part B Question 3. Sport Ireland has contacted you and asked you to prepare an educational pamphlet setting out the rights, duties and obligations of Irish athletes under the current antidoping rules. In the pamphlet, you should refer to the current regulatory framework, possible sanctions and routes of appeal. Question 4. You represent Anna White, an English track and field athlete who competes in the 800m distance. Anna was aiming to be selected to represent England at the Commonwealth Games, which will be held in Australia on June 15 to 23, 2018. Anna ran 1:59.10 at a qualifying event last week, which was inside the Qualification Standard of 2:01.00. Eight months ago, Anna celebrated her 23rd birthday at a house party with friends. During the evening, she and a friend left the party to drive to a nearby pizzeria to get take-out pizza. Anna had been drinking throughout the party. While driving, she ran a red light and knocked over a pedestrian. In panic, she fled the scene and did not wait for the police to arrive. The police caught up with her outside the pizzeria and carried out a breathalyser test, which confirmed that she was above the legal limit for driving. Two charges, for drink driving and leaving the scene of an accident, are currently pending against Anna. The trial date has not yet been fixed. Yesterday, Anna received a letter from the President of Commonwealth Games England advising her that she had not been selected to represent England at the Commonwealth Games, on the basis that her conduct while driving under the influence of alcohol was sufficient for him to form the view that her conduct brought her into disrepute. Anna wants to appeal her non-selection and comes to you for advice. Anna has heard about the Court of Arbitration for Sport and wonders whether she could appeal there and how she would go about doing so. Advise Anna

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Part C

Question 5. Attempt EITHER I OR II I

“The development of liability in negligence for injuries sustained in sport mirrors the wider developments of liability in negligence generally” Discuss

OR II

Discuss why it is difficult to establish liability under the intentional torts of trespass to the person.

Question 6 To develop a skills based approach to the game of rugby union, the New Zealand Rugby Union trialed a system whereby schools rugby teams competed against one another categorised by weight and height as opposed to age. The trials commenced in the early 2000’s for a number of years and proved to be very successful to the extent that World Rugby (the International Regulatory body for rugby union) adopted the system for schools rugby across the union. The new regulations came into effect for the 2016/17 season. The Irish Rugby Football Union introduced the new regulations by categorising players according to height without any weight restriction for under age schools rugby. Jack is a fifteen year old pupil in Glenrock school and has played rugby union under the adapted new regulations for the past seven years. Two weeks ago Jack was upended in a tackle and dumped head first onto the ground by Dave, a pupil at Tereder school. Jack was concussed as a result and had to leave the field of play. Jack was taken to Hospital X where after a cursory examination by the student intern he was discharged. Last weekend Glenrock were contesting the semifinal of the school’s cup against Michelle’s and Jack’s coach, Brian, asked him to play even though his mandatory concussion lay off of three weeks had not yet expired. In the course of the match Jack was tackled by Jim who was ten kilos over the World Rugby recommended weight for this category of match. Whilst the tackle was legally executed in that Jim brought Jack safely to the ground, the extra weight of Jim caused Jack to break his arm. Jack was taken to hospital Y where a cat scan was performed. The CAT scan revealed that Jack had suffered a minor brain hemorrhage as a result of playing in the match against Tereder. Jack has retained you to advise on what causes of action he has and against whom.

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Part D Question 7. Dublin City Council has decided to put in an application to host the Summer Olympic Games in 2032. Looking at the current questions for host candidates with regards to intellectual property, Dublin City Council are concerned that it will take time to put legal measures in place that will be acceptable to the Olympic Council. They have asked you to write a note on the current law to prevent ambush marketing in Ireland and give examples of laws could be put in place to adequately provide protection from ambush marketing to increase the chances of their bid being successful.

Question 8. “Sports Personalities have insufficient legal protections for their image/name.” Do you agree? Justify your answer with reference to case law.

oOo

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